Gates told reporters Wednesday that Congress should deal with repealing the ban, but only after the Pentagon finishes its study of how to implement a repeal, which is scheduled to be finished in early December. These comments are consistent with what he’s been saying all along about repealing DADT.

According to wire reports, Gates said, "I feel strongly this is an action that needs to be taken by the Congress and that it is an action that requires careful preparation, and a lot of training and a lot of revision of regulation.”

Gates noted the internal changes that will have to be made if a repeal occurs. "We have a lot of revision of regulations that has to be done, in addition to the training,"

He made the case that the Pentagon review should not be rushed. “One of the results of the review will be what kind of other changes we need to make, whether it's in terms of benefits or physical plan. This is a very complex business. It has enormous consequences for our troops and as I had said from the very beginning I think there should be legislation."

The Justice Department hasn’t said yet whether it will appeal the court’s injunction.

The court order, which would affect all service members abroad and in the United States, also requires the government to suspend and discontinue all pending discharge proceedings and investigation under "don't ask, don't tell."

"We have just learned of this ruling. We are now studying it and will be in consultation with the Department of Justice," said Department of Defense spokesperson, Cynthia Smith.